Madras High CourtCRL OP(MD)/19416/2016disposed of

Ganesan @ Samiyadi- v. The Inspector Of Police,

2016-10-07Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.10.2016

CORAM

THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P.(MD) No.19416 of 2016 1.Ganesan 2.Revathy 3.Nagalakshmi 4.Karuppayi .. Petitioners Vs State rep. by, The Inspector of Police, Sanarpatti Police Station, Dindigul District.

(Crime No.328 of 2016) .. Respondent Prayer: Petition filed under Section 482 of Code of Criminal Procedure to direct the learned Special Judge for SC/ST (Prevention of Atrocities)Act / Principal District & Sessions Judge (PCR Unit), Dindigul, to consider the bail application of the petitioners on the same day on their surrender in connection with Crime No.328 of 2016 on the file of the respondent police. For Petitioners : Mr.C.Ramesh For Respondent : Mr.K.Anbarasan Government Advocate (Crl. Side)

O R D E R

This petitioners seek a direction to the learned Special Judge for SC/ST (Prevention of Atrocities)Act / Principal District & Sessions Judge (PCR Unit), Dindigul, to release them on bail, on the same day in the event of their surrender and filing bail application Crime No.328 of 2016 on the file of the respondent police.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondent.

3.The petitioners are accused for the offences punishable under Sections 294(b), 323 and 506(ii) of I.P.C., read with Section 3(1)(w)(ii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2014.

4. Learned counsel for the petitioners would submit that the petitioners are innocent and they have been falsely implicated in the case and that in view of the specific bar under Section 18 of the said Act, the petitioners cannot move any anticipatory bail application and therefore, the petitioners have come up with this petition.

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5. Learned Government Advocate (Crl. Side) appearing for the respondent would submit that no one sustained injury.

6. Having regard to the facts and circumstances of the case, the petitioners are directed to surrender before the Court concerned within ten days from the date of receipt of a copy of this order and file bail application. The Court concerned is directed to accept the surrender of the petitioners in Crime No.328 of 2016 and consider the bail application of the petitioners and dispose of the same on merits and in accordance with law, on the same day of their surrender. 7.This Criminal Original Petition is ordered accordingly. Sd/- Assistant Registrar(CS-I) /TRUE COPY/ Sub Assistant Registrar To:

1.The Special Judge for SC/ST (Prevention of Atrocities)Act / Principal District & Sessions Judge (PCR Unit), Dindigul.

2.The Inspector of Police, Sanarpatti Police Station, Dindigul District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1cc to M/S.S.MUNIYANDI,ADVOCATE SR NO:60089 pjl JA-SKS-RR-SAR.I/17.10.2016/2P:5C Crl.O.P.(MD) No.19416 of 2016 07.10.2016 https://hcservices.ecourts.gov.in/hcservices/